I also have a feeling that said persons do not understand a markman, its implications, nor do they remember that all sides agreed there was no reason to consider claims past the first 2 if the first two went against EDIG. That's what happened and DM saw there was no way to win - if they had thought the remaining claims could bring victory they would not have agreed to those terms.
There were all sorts of substantive changes wrought by both the courts and the USPTO. That's why we went from a big firm doing it on contingency to a 3 person firm doing it at extraordinarily high monthly fee.
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